STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE
INDEPENDENT CONTRACTOR AGREEMENT THIS INDEPENDENT CONTRACTOR AGREEMENT (“Agreement”), made and entered into as of the 20th day of December, 2021 (the “Effective Date”), by and between
Asheville Taxi, LLC, a North Carolina limited liability company with its principal place of business in Buncombe County, North Carolina (“Company”) and __________________________________, a resident of ____________________ County, North Carolina, (“Contractor”);
WHEREAS, Company, having been organized for the purpose of providing taxi
and for-hire services to the general public (“Services”), desires to engage Contractor on an independent contractor basis to provide services for Company; and,
WHEREAS, Contractor, having negotiated the terms and conditions of this Agreement with Company, and understanding and accepting all of the terms and conditions of such engagement as hereinafter provided, desires to accept such an engagement on an independent contractor basis to provide the Services; and,
WHEREAS, the parties hereto agree that this Agreement is founded and maintained upon the acceptance and observance by each of the parties of the terms and conditions agreed upon, and the parties do desire that the terms and conditions of this Agreement shall be reduced to writing.
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants and agreements between the parties made, and for other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, Company and Contractor hereby agree as follows:
1. Term. This Agreement shall commence on the Effective Date and continue in effect for one (1) year (the “Initial Term”), unless terminated earlier as
provided in Paragraph 11 of this Agreement. At the end of the Initial Term, this Agreement shall automatically renew for a renewal term of one (1) year (the “Renewal Term”) unless terminated by either party by written notice at least thirty (30) days prior to the last date of the Initial Term, and shall continue thereafter until terminated pursuant to Paragraph 11.
2. Scope of Work. Company hereby engages Contractor to provide taxi and for-hire transportation services to members of the general public within North Carolina (the “Services”). Contractor shall use Contractor’s best efforts to provide the Services subject to the terms and conditions of this Agreement. Contractor shall perform the Services in a professional and courteous manner and in accordance with the Policies and Procedures attached hereto as Exhibit A and incorporated herein by reference.
3. Schedule and Manner of Performance.
a. Schedule. Subject to mutual agreement by Company and
Contractor, Contractor shall determine the schedule of days and shifts during each work week that Contractor shall perform the Services for the Company. The Company’s work week shall begin at 12:01 a.m. Sunday and end at 11:59 p.m. Saturday, and one (1) shift shall consist of a minimum of eight (8) consecutive hours.
b. Manner of Performance. Contractor shall determine the manner of performance of the Services, including how the Services are to be performed, in consultation with Company; provided, however, that Contractor covenants and agrees that the Services shall be performed in accordance with: (i) all local, state and federal laws or regulations governing the operation of automobiles over public roadways; (ii) all local, state and federal laws or regulations governing the transport of passengers for-hire; (iii) the accepted professional standards of Contractor’s specialty; and (iv) all applicable rules and standards of Company. Contractor solely shall be responsible for obtaining all information and training necessary for Contractor to perform effectively the Services contemplated hereunder.
4. Contractor’s Fees.
a. As consideration for the performance and discharge of the Services rendered by Contractor as described in this Agreement, and subject to the terms and conditions of this Agreement, Company shall pay to Contractor compensation as set forth in Exhibit B and incorporated herein by reference. The parties agree that Exhibit B may be amended by Company at any time.
b. Withholding. Company shall not withhold or pay any federal, state or local income or FICA contributions; social security taxes; Medicare taxes; workers’
compensation insurance; unemployment insurance; or other taxes or withholdings, or provide any benefits to or on behalf of Contractor. Contractor solely and exclusively shall be responsible for payment of all local, state, and federal taxes, including any tax on self-employment and any applicable estimated installments of income taxes, and for filing all tax returns required or due with respect to fees received by Contractor from Company pursuant to this Agreement. In the event that the Internal Revenue Service should determine that Contractor is, according to IRS guidelines, an employee subject to withholding and social security contributions, Contractor shall acknowledge, as Contractor does herein, that all payments to Contractor are gross payments, and Contractor is responsible for and shall pay all income taxes and social security payments thereon; provided, that Contractor shall not be responsible for paying employer’s portion of any FICA taxes that may result from the foregoing. Contractor agrees to defend, indemnify and hold harmless Company and its attorneys from any claims, demands, deficiencies, levies, assessments, judgments, or recoveries by any governmental authority asserted against Company, other than employer’s portion of FICA taxes, because of Contractor’s failure to pay applicable taxes.
c. Full Satisfaction. Contractor hereby expressly agrees and covenants that the amount received by Contractor in accordance with the terms of this Paragraph 4 shall satisfy and discharge in full all of Contractor’s claims against Company for payment for the performance and discharge of the Services rendered by Contractor or by any agent of Contractor as described in this Agreement. Contractor acknowledges that, except as otherwise expressly provided in this Agreement, Contractor’s provision of the Services pursuant to the
terms hereof shall not confer upon Contractor any ownership interest in or personal claim upon Company, and Contractor hereby disclaims and renounces any such right, interest or claim.
5. Company’s Representations and Warranties.
a. Dispatch Services. Company shall maintain or contract with a staffed dispatch center during regular operating hours of the Company which shall be available to provide dispatch and other assistance to Contractor as may be needed.
Internet Application. Company shall maintain an internet based application or platform (the “Company App”) wherein prospective passengers may request rides from the Company. Company shall use its best efforts to ensure that the Company App remains operational at all times that the Company is open for business, however, Company is dependent upon outside vendors for the maintenance and operation of the Company App and therefore does not guarantee that the Company App shall be fully operational at all times.
6. Contractor’s Representations and Warranties.
a. Age. Contractor is nineteen (19) years of age or over.
b. Driver’s License. Contractor possesses a valid North Carolina
driver’s license and has full driving privileges. Contractor’s driver’s license is not currently under revocation, suspension or limitation of any kind and there are no current pending actions against Contractor which could result in the revocation, suspension or other limitation of Contractor’s driver’s license and/or driving privileges.
c. Criminal Record and Driving History. Contractor shall submit to a background search which shall allow Company to obtain information regarding Contractor’s driving record. Contractor agrees that to be eligible to provide Services for the Company under this Agreement, all the following are true and must remain true during any term of this Agreement:
i) Contractor has not been convicted of any drug related offenses within the immediately preceding seven (7) year period, such as, but not limited to,
possession of controlled substances, possession of drug paraphernalia, possession with intent to distribute, and distribution of controlled substances.
ii) Contractor has not been convicted within the immediately preceding seven (7) year period of any of the following: 1) driving while under the influence of
drugs or alcohol, 2) commission of fraud, 3) criminal sexual offense of any nature, and 4) use of a motor vehicle to commit a felony, or a crime involving property damage, theft, acts of violence, or acts of terror.
iii) Contractor is not registered as a convicted sex offender.
iv) Contractor has not had more than three (3) moving
violations in the immediately preceding three (3) year period.
v) Contractor has not had a major violation of any driving laws or regulations, such as attempting to evade police, reckless driving or driving while license
suspended or revoked within the immediately preceding three (3) year period.
Contractor shall immediately notify the Company of any arrest which could result in a conviction of the nature described in this Paragraph 6(c) and shall, at Company’s request, provide timely updates of the status of the charges until final disposition.
d. Fares. Contractor shall charge all passengers at the Company’s established rates for transport, as may be amended from time to time. Contractor shall not charge in excess of the Company’s established rates for transport, charge any additional fees not authorized by Company, nor shall Contractor allow any passenger to be transported free of charge.
e. Cellular Phone and Granting of License for Company App. Contractor must possess and supply an internet enabled mobile phone (operating on an Android or Apple platform) that includes an adequate data plan and which is fully functioning and operational and charged. Contractor shall maintain the mobile phone and associated data plan in working order at all times during the duration of this Agreement at Contractor’s sole expense. Company shall grant Contractor a personal, non-exclusive, non-transferable license to install and use the Company App on Contractor’s mobile phone solely for the purpose of providing the Services under this Agreement. The foregoing license grant shall immediately terminate and Contractor agrees to delete and fully remove the Company App from Contractor’s mobile phone
upon termination of this Agreement. Company shall not be responsible or liable for any fees, costs, or overage charges associated with Contractor’s use of the mobile phone.
f. Acceptance of Rides. Contractor agrees that Contractor shall be available to and shall provide services under this Agreement to passengers at all times during Contractor’s regularly scheduled shifts. Notwithstanding the foregoing, Contractor may refuse to accept a passenger or provide services to a passenger under this Agreement when in Contractor’s reasonable discretion the passenger may present a danger to Contractor due to the passenger’s intoxication, belligerent, abusive and/or violent behavior. In no event shall Contractor discriminate against any passenger or refuse to provide services to a passenger under this Agreement based on the passenger’s race, national origin, sex, disability, age, address, or other characteristic protected by federal or state law. Rejection of more than 15% of assigned fares may result in termination of this Agreement.
g. Record of Transports. Contractor shall keep a record of all passenger requested trips completed during each of Contractor’s scheduled shifts when
h. Equipment. Contractor shall provide a vehicle necessary to
perform the Services that is in good working order for the duration of each shift. Company shall provide at no additional cost a phone cradle for Contractor’s use in performance of the Services. Contractor shall be responsible for obtaining and maintaining all license plates and state mandated inspections on Contractor’s vehicle at all times.
i. Maintenance of Equipment. Contractor shall be responsible for all repairs and maintenance of any vehicle provided by Contractor to perform the Services which Contractor deems necessary to maintain the vehicle in proper working order, such as, but not limited to, oil changes, transmission fluid, lubrication, belts, hoses, headlights, brake lights and tires. Company shall not be responsible for repairing any damages caused by Contractor’s negligence or intentional misuse or abuse of the Contractor’s vehicle.
7. Insurance. Company does not maintain collision insurance coverage on Contractor’s vehicle used in providing
the Services under the Agreement. Contractor shall maintain
collision insurance at Contractor’s own expense. ________
8. Independent Contractor Status. Contractor’s sole relationship with
Company is that of an independent contractor. Contractor is not and shall not be deemed to be an employee of Company. Nothing contained in this Agreement is intended to or shall be construed to create between Company and Contractor a relationship of employer/ employee or principal/agent, or a joint venture, partnership, franchise, or other legal relationship between Company and Contractor. Contractor at no time under any circumstances shall hold itself out to be an employee of Company, whether by words, actions, or otherwise. Contractor further understands and agrees as follows:
a. No employee benefits of any kind or nature shall be due Contractor by Company;
b. Company shall not pay or withhold social security taxes, state or federal unemployment taxes, state or federal income taxes, or any other tax or payment required by any federal, state, or local authority with respect to fees paid by Company to Contractor pursuant to this Agreement;
c. Company shall not be responsible for obtaining or maintaining workers compensation insurance or similar type insurance with respect to Contractor in the event such insurance is required by applicable state law;
d. Company shall report all amounts paid to Contractor pursuant to this Agreement on Internal Revenue Service Form 1099; and,
e. Contractor solely and exclusively shall be responsible for (i) payment of all applicable local, state, and federal taxes, including without limitation self- employment taxes and any applicable estimated installments of income taxes, and the filing of all tax returns required or due with respect to amounts received by Contractor from Company pursuant to this Agreement; (ii) maintenance of a valid North Carolina driver’s license; and, (iii) obtaining and maintaining liability insurance as hereinafter provided.
9. Compliance with Law. Contractor covenants and agrees that Contractor shall comply with any and all federal, state, or local laws, rules, or regulations that now are or may in the future become applicable to Contractor or the Services.
10. Confidential Information. Contractor acknowledges that during the term of this Agreement, Contractor may come to know certain confidential and/or proprietary information of Company which is not generally known to the public or within the livery service industry (“Confidential Information”), including, but not limited to, information relating to Company’s clients, financial condition, services, quality assurance mechanisms, employees, employees’ compensation, accounting and marketing information, fee structures and strategies, trade secrets, forms, policies, and procedures unique to the business of Company, and proposed or actual business plans. Contractor shall not use the Confidential Information except for the purposes of performing Contractor’s obligations under this Agreement. Contractor shall not disclose, publish, or otherwise disseminate any Confidential Information to any individual or entity. Upon termination of this Agreement for any reason, Contractor shall immediately and securely return to Company or, at Company’s option, destroy all Confidential Information. The obligations set forth in this Paragraph herein shall survive the termination of this Agreement, regardless of the reason for termination.
a. Notice. This Agreement may be terminated by either Company or
Contractor upon no less than fourteen (14) days’ written notice to the other party, with or without cause.
b. Cause. Company may terminate this Agreement immediately, with or without notice, for cause. For purposes of this Agreement, Company shall have “cause” to terminate this Agreement upon:
(i) Contractor’s material breach or default of any of the terms and conditions set forth in this Agreement;
(ii) A determination by Company that Contractor is engaging or has engaged in willful misconduct or conduct which reasonably is perceived by Company to
be detrimental to the business or reputation of Company or conviction of any crime set for in Paragraph 6(c) or failure to self-report an arrest as required by Paragraph 6(c);
(iii) The commission in the course of Contractor’s performance of the Services of an act of fraud, embezzlement, theft, or personal dishonesty (whether or not
resulting in criminal prosecution or conviction);
(iv) Contractor’s use of alcohol or any addictive drug or other
substance to the extent that performance of the Services by Contractor hereunder is impaired;
(v) The expiration, suspension or revocation of Contractor’s North Carolina driver’s license;
(vi) Receipt of one or more complaints from passengers about the conduct or driving of Contractor.
c. Effect of Termination. Upon termination of this Agreement, for any reason, neither party shall have any further obligations hereunder, except for obligations incurred prior to the date of termination and for obligations, promises, or covenants contained herein which expressly survive termination of this Agreement. Contractor shall be entitled to a fee for the Services rendered by Contractor prior to the termination of this Agreement.
12. Indemnification. Except as otherwise provided below, Contractor shall indemnify and hold harmless Company, its members, employees, agents, directors, officers, attorneys, insurers, successors, and permitted assigns, as applicable (the “Indemnified Parties”), from and against any and all loss, cost, damage, or expense of any kind, including attorneys’ fees and expenses, incurred by or threatened against the Indemnified Parties, or any of them, arising out of or allegedly arising from the performance of the Services by Contractor. Company shall provide Contractor with written notice of any claim asserted against any Indemnified Party as soon as is reasonably feasible after Company receives notice of such claim. Notwithstanding the above, the parties agree that, to the extent that any such loss, cost, damage, expense, or attorney fee is compensated for by insurance purchased by Company, Contractor shall not be required to reimburse Company or its insurer for same. The provisions of this Paragraph shall survive the termination of this Agreement, regardless of the reason for termination.
13. Required Disclosures. Contractor shall notify Company in writing within one (1) day after the occurrence of an event that adversely affects Contractor’s ability to perform Contractor’s obligations hereunder.
14. Limitation of Authority. Nothing in this Agreement authorizes or shall be construed as authorizing Contractor to make any contract, agreement, warranty, or representation on behalf of or in the name of Company, or to assume or create any debt or other obligation in the name of Company. Any breach of the restrictions contained in this Paragraph by Contractor shall entitle Company to recover from Contractor such damages, fees, or expenses as Company may incur as a result of such breach.
15. Records and Files. All records, files, reports, and documents maintained by Company shall belong to and remain the sole property of Company. Upon termination of this Agreement for any reason, Contractor shall promptly return to Company all files, data, or materials belonging to or relating to the operations and business of Company.
a. Entire Agreement. This Agreement contains the entire agreement
and understanding between the parties with regard to the subject matter hereof, and there are no oral understandings, terms or conditions, and neither party has relied upon any representation, express or implied, not contained herein, with the exception of the policies distributed by Company to Contractor. All prior negotiations and understandings are merged into this Agreement. The recitals set forth in this Agreement and the defined terms and references contained therein are incorporated into and are a part of this Agreement.
b. Amendment. The terms of this Agreement may not be amended, modified, or waived except by written agreement duly executed by Company and Contractor. Company reserves the right to modify and amend the Exhibits to this Agreement without Contractor’s consent, however, Company will provide Contractor of notice of any such modifications or amendments.
c. Waiver. The failure of Company to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver by Company of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving
any terms and conditions, but the same shall continue and remain in full force and effect as if no forbearance or waiver had occurred. No such waiver shall be enforceable unless in writing and signed by the Company.
d. Binding Effect; Assignment. This Agreement shall inure to the benefit of Company its partners, members, officers, directors, successors, and permitted assigns. Contractor may not assign or delegate any rights or obligations under this Agreement without the prior written consent of the Company. The Company may transfer and assign this Agreement to any wholly owned subsidiary or any successor to all or substantially all of Company’s assets.
e. Governing Law and Venue. This Agreement is made in the County of Buncombe, State of North Carolina, and the parties hereto agree, notwithstanding the
principles of conflicts of laws, that the internal laws of the State of North Carolina and applicable federal law shall govern and control the validity, interpretation, performance, and enforcement of this Agreement. The parties hereto agree that any action relating to this Agreement shall be instituted and prosecuted exclusively in the Courts of the County of Buncombe, State of North Carolina, or in the federal district courts of the Western District of North Carolina, and each party hereto hereby does waive any and all defenses relating to venue and jurisdiction over the person.
f. Paragraph Headings. The paragraph headings in this Agreement are for convenience of reference only and shall not be considered terms of this Agreement.
g. Severability. If any of the terms, covenants, conditions, and agreements of this Agreement for any reason shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any of the other terms, covenants, conditions, and agreements of this Agreement, and any terms, covenants, conditions, and agreements hereof thereafter shall be construed as if such invalid, illegal, or unenforceable terms, covenants, conditions, and agreements were never contained herein.
h. Duplicate Originals. This Agreement may be executed in duplicate originals; and both Company and Contractor acknowledge receipt of one such original, agree that the duplicate originals hereof are identical, and further agree that any such original shall be admissible in any proceeding, legal or otherwise, without the production of another such original.
IN WITNESS WHEREOF, Company has caused this Agreement to be executed by its duly authorized officer, and Contractor has hereunto set Contractor’s hand and adopted as Contractor’s seal the typewritten word “SEAL” appearing beside Contractor’s name, all effective as of the Effective Date.
ND: 4841-5545-3520, v. 1ND: 4841-5545-3520, v. 1
ASHEVILLE TAXI, LLC
By: __________________________________ Its: Member/Manager
_______________________________[SEAL] ________________________________(print name)
Asheville Car and Taxi, LLC Policies and Procedures COMPANY PROVIDED VEHICLE
1. Contractor’s Locale. Upon reporting for a scheduled shift, Contractor is encouraged, but not required, to travel to and remain in the downtown area of Asheville until he/she receives a ride request from a passenger. Company recommends and encourages Contractor to remain close to the entrance ramps of the nearest interstate to increase response time for passengers and fares for Contractor. Upon completion of a trip, Contractor should return to the downtown Asheville area, except in the event that Contractor receives a ride request in the interim that requires Contractor to travel to another area.
Contractor is discouraged from returning home during a shift because this tends to create delays for passengers in drivers responding to a passenger request and lower fares for Contractor, however, Contractor shall exercise complete discretion in the operation of the leased taxicab from Company.
2. Accepting Trip Requests. When Contractor receives a request from Company, either through the Company App. or Company dispatch, Contractor should proceed with accepting the trip request and travelling to the pickup location. If Contractor accepts a trip request through the Company App, Contractor should place a confirmatory telephone call to the passenger informing the passenger that Contractor is on the way, conforming pickup location, and to provide the passenger with the make and model of Contractor’s vehicle. Contractor is encouraged to use Google Maps through the Company App for directions on reaching the pickup location. Contractors are encouraged to use their independent judgment and knowledge of the area in the event that Google Maps suggests an incorrect route due to an error in the GPS location services technology. Contractor should not start the meter until the passenger enters the vehicle except as directed by dispatch or in the event of pre- booked reservations. Once the passenger enters the vehicle, confirm the destination and proceed to that destination following the most efficient route. Contractor should stop the meter and end the trip when he/she reaches the passenger’s destination. Failure to end the trip in the Company App will result in Contractor not being able to receive additional trip requests.
Reservations are assigned to the Contractor by Company dispatch. Company dispatch will confirm with the Contractor that they are willing and able to meet all expectations of arriving to the trip on time and completing the trip in accordance with the Company’s policies and procedures. Any reservations that a driver no shows or is more than 15 minutes late too will be subject to a fine of $10.00 to the Contractor’s Credit Wallet.
If a passenger contacts Contractor directly requesting a trip, Contractor should direct the passenger to contact Company dispatch directly to arrange the trip. This reduces inefficiencies that may result in the Company inadvertently committing multiple vehicles to one trip or leaving a passenger stranded or with a longer than reported wait time.
3. Fare Collection. Upon completion of the trip, Contractor should enter each fare into Square, regardless of the manner of payment, and text a receipt to Company dispatch once the passenger exits the vehicle. If a passenger fails to pay a fare, please report the incident to Company dispatch immediately and provide as much detail as possible about the passenger and the circumstances of the passenger not paying the fare.
4. Completion of Shifts. Although Contractor has discretion in determining which hours and days he or she shall perform services for the Company, Contractor is asked to complete the full length of all Contractor-requested shifts so as to not disrupt Company operations or availability for passengers. The only exceptions for not completing a shift are in case of illness or an emergency or with the permission of the Company. Contractor’s will be fined $5.00 per hour for every hour late or missed of Contractor-requested shifts. Contractor should minimize any time spent on the Company premises both before and after any shift due to space and parking limitations on the Company premises.
3:00 p.m. to 6:00 p.m. is an exceptionally busy time for Company operations. Contractors who begin or end a shift during this time are expected to cooperate with Company dispatch and other drivers to ensure a smooth transition and no lapse in service provided to passengers.
5. Weapons. Contractor is expressly prohibited from bringing any lethal weapons, such as, but not limited to, handguns, rifles, knives or machetes upon the Company’s premises, including Company- owned automobiles. Notwithstanding the foregoing, Contractor may however, possess pepper spray or mace upon Company premises and in Company-owned vehicles, so long as such items remain secured and are and remain legal to possess.
6. Automobile Accidents. In the event that Contractor is involved in an automobile accident that results in injuries to any person (including Contractor) Contractor should immediately call 911. If the accident does not result in injuries then Contractor should immediately report the accident to the appropriate law enforcement authorities (e.g. City of Asheville Police Department, Buncombe County Sheriff’s Department, etc.). After contacting either 911 or law enforcement authorities then Contractor should promptly contact the Company’s dispatch office to report the accident. Contractor shall remain on the scene of the accident until law enforcement authorities have completed their investigation and notified the parties involved that they are free to leave the scene. Contractor’s failure to report such accidents to local law enforcement or Company may result in immediate termination of the Agreement by Company.
7. Alcohol; Drugs. The unlawful use, possession or distribution of any controlled substance (drugs and alcohol) is prohibited on Company premises, including in Company-owned automobiles. The use of legally prescribed medication is permissible, provided such medication does not adversely affect Contractor’s ability to safely operate a vehicle, does not cause a danger to others, and/or does not interfere with Contractor’s ability to perform his or her job or complete the provision of services. Contractor shall not use any alcohol within 8 hours of beginning any shift. Any Contractor who is found or suspected to be under the influence of drugs or alcohol while performing Services under the Agreement will result in immediate termination of the Agreement by Company and Company reserves the right to report the matter to law enforcement immediately.
8. Nondiscrimination; Harassment. It is the policy of the Company to provide services to all persons without regard to their race, color, religion, national origin, sex, age, address, or disability. In accordance with this policy all Contractors shall treat all persons, including all passengers, in a respectful, polite and professional manner. Similarly, the Company prohibits all forms of harassment, including, but not limited to sexual harassment, of any persons, whether employees, independent contractors, vendors or customers. Contractor shall be prohibited from attempting to make unsolicited contact with any customers, vendors, fellow employees or independent contractors except for legitimate business purposes.
9. DistractedDrivingPolicy.Contractoragreesthatheorshewillnotoperatethe Company-owned vehicle in an unsafe, unlawful, or reckless manner. Contractor agrees to observe and obey all posted traffic signs, signals, warnings, and speed limits. Contractor acknowledges that distracted driving is dangerous. Contractor agrees that he or she will not make telephone calls of a personal nature while transporting passengers and will not send or review text messages while transporting passengers. Contractor-provided mobile phone displaying fare information should remain displayed and visible to passenger during the entire trip. Contractor agrees that he or she shall utilize a hands-free device or Bluetooth technology when using a mobile phone in a Company-owned vehicle. If Contractor does not have either a hands-free device or Bluetooth technology, Contractor agrees that he or she will pull off of the road and to a safe area before using a mobile phone in a Company-owned vehicle. Contractor agrees that he or she is not permitted to use headphones while operating a Company-owned vehicle.
10.Maintenance andOperationofAutomobiles. Contractorisrequiredtosupply his or her own transportation to and from the Company premises at the beginning and end of each shift. If Contractor is unable to perform services during a shift, please contact the Company well in advance so that the Company can make other arrangements.
Contractor agrees to wash the Company-provided vehicle at the beginning of each shift at Zips Car Wash on Tunnel Road or Patton Avenue. The car wash and vacuum service are complimentary on Company-owned vehicles. However, at the beginning of the shift, prior to travelling to the car wash, Contractor should contact the Company dispatcher to determine if current passenger loads allow time for Contractor to wash car or if the washing should be deferred to a time later in the shift. Contractor agrees to periodically remove all trash from the vehicle during each shift and to promptly remove all trash and personal belongings from the vehicle at the conclusion of a shift. Company reserves the right to assess Contractor a $25.00 cleaning fee if Contractor returns Company vehicle in an unkempt condition.
Contractor is required to supply at Contractor’s expense all fuel used in the Company-owned vehicle during the shift. The vehicle will be full of gas at the beginning of Contractor’s shift and should be returned full at the end of Contractor’s shift. Company reserves the right to assess Contractor a $55.00 refueling fee if Contractor returns Company vehicle with less than a full tank of gas.
If Contractor receives a Company-provided vehicle at the beginning of the shift that does not have a full gas tank, please contact dispatch immediately. If Contractor’s shift ends between 3:00 p.m. and 6:00 p.m., Contractor should communicate with Company dispatch prior to fueling up the vehicle at the end of the shift to ensure that Company operations do not require that the vehicle be returned immediately. All Company-owned vehicles are non-smoking.
Company-provided vehicles should not be used by Contractor for personal business or errands. Company vehicles should only be used by Contractor in providing the Services under the Agreement.
Contractor must have an understanding of how to change a tire and operate jumper cables. Company will supply jumper cables and a spare tire for each Company vehicle.
11. Transportation of Friends, Relatives; Pets. Contractor is not permitted to transport any personal pets, or friends or relatives without charge in the Company-owned vehicle while performing Services under the Agreement without the express written permission of Company. Contractor is permitted to transport pets belonging to paying passengers.
12.Conduct Toward Passengers. Contractor agrees to be polite and professional in providing the Services under the Agreement. Contractor should not argue with passengers or otherwise engage in any conduct deemed threatening, aggressive or belligerent. Contractor shall not engage in any sexual, suggestive, discriminatory, or otherwise inappropriate conduct towards any passenger. Any violation of this conduct standard may result in immediate termination of the Agreement by Company.
13.Contractor to Provide Company with Credit Card. Contractor shall provide Company with authorization for Company to charge Contractor’s credit card on file with the Company for any amounts due and owing to Company, including charges set forth in the Agreement, these Policies and Procedures, or Exhibit B.
14.Contact with Company Management. Contractor is directed to use email to communicate with Company management as opposed to text or phone calls. Email should be directed to email@example.com. Contractor may call Company management in the event of an emergency.
VIOLATION OF ANY OF THE FOREGOING POLICIES MAY RESULT IN IMMEDIATE TERMINATION OF THE AGREEMENT BY COMPANY.
ND: 4839-2842-9899, v. 1
DRIVER SUPPLIED VEHICLE
As consideration for the performance and discharge of the Services rendered by Contractor as described in this Agreement, and subject to the terms and conditions of this Agreement, Company shall pay to Contractor compensation in the amount of seventy five percent (75%) of the total amount of each fare charged and collected by Contractor less $3.00 per fare during each shift that Contractor performs the Services (the “Fees”). The remaining (25%) of the total amount of each fare charged and collected by Contractor during each shift and $3.00 per fare fee shall be submitted to the Company to cover the costs associated with Company providing dispatch and related services to aid Contractor in the performance of the Services under this Agreement. All calculations are handled automatically by the dispatch system except in the event of unusual circumstances such as a credit card authorization failure or similar issue. In these events the dispatcher or manager on duty will handle the fare calculation, payment, and credit to the driver. Please inform the dispatcher on duty if there appears to be an issue with a fare payment or calculation.
Credit Card fees: five percent (5%) of all charges, including tips, made by credit card will be deducted from the driver balance to cover processing fees, accounting, fraud, and chargebacks. Drivers will have no responsibility for charges that are subsequently determined to be fraudulent or otherwise charged back to the company unless the driver was in collusion, negligent or otherwise in breach of Agreement.
The dispatch platform maintains two balances:
1. Cash Balance: This balance represents net fares and tips collected by the driver that were paid by credit card or direct invoice. This balance may be transferred to the driver’s bank account daily up to $200 or used to cover the Credit Balance per next paragraph.
2. Credit Balance: this balance represents the amount of deductions from fares due to the company to cover the company costs for cash fares or other deductions. This
balance can be covered via credit or debit card, or by using the driver’s Cash Balance using the driver app. All of these payments can be made within the driver app.